Mahinga Farmers Ltd & 2 others v Dominic Mukui Kimatta t/a Kimatta & Co. Advocates [2020] KEHC 8892 (KLR)

Facts

The plaintiffs were clients of the defendant who had retained him to act for them in Nakuru HCCC No. 108 of 1998. The plaintiffs claim that the defendant failed to deposit Kshs.230,000 they paid for an injunction application, and the defendant holds it as a lien for his fees.

Issues

1. Whether the 1st plaintiff has legal capacity to institute this suit.
2. Whether any money was deposited with the Advocate by the 1st plaintiff in respect of Nakuru HCCC No. 108/1998, its purpose, and if so, how much.
3. Whether the 2nd and 3rd plaintiffs made a deposit of Ksh.200,000/= to the advocates law firm, and its purpose.
4. Whether the 1st plaintiff paid taxed costs of Ksh.149,520/= to the advocate in respect of the case Nakuru HCCC NO. 181 of 2002.
5. Whether the 1st plaintiff paid taxed costs to the advocate in respect of Nakuru HCC 108 of 1998 taxed at Kshs.45,000/=, and Nakuru Miscl. Appl. No 97 of 2000 taxed at Kshs.50,000/=
6. Whether the advocate has a right of lien over the money paid to his law firm for other purposes other than legal fees.

Reasoning

The court found that the defendant received only Kshs.200,000 from the 1st plaintiff's deposit and that the defendant did not hold the money as a lien for his fees.

Outcome

Dismissed